---
kind: "section"
citation: "46 U.S.C. § 11104"
title: "46"
title_heading: "Shipping"
number: "11104"
heading: "Destitute seamen"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/11104"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part G — Merchant Seamen Protection and Relief"
  - "Chapter 111 — Protection and Relief"
---

# §11104. Destitute seamen

- (a) A consular officer shall provide, for a destitute [seaman](/usc/46/10101.md?p=3) of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A [seaman](/usc/46/10101.md?p=3), if able, shall be required to perform duties on the vessel giving the [seaman](/usc/46/10101.md?p=3) passage, in accordance with the [seaman](/usc/46/10101.md?p=3)’s rating.
- (b) A [master](/usc/46/10101.md?p=1) of a vessel of the United States bound to a port of the United States shall take a destitute [seaman](/usc/46/10101.md?p=3) on board at the request of a consular officer and transport the [seaman](/usc/46/10101.md?p=3) to the United States. A [master](/usc/46/10101.md?p=1) refusing to transport a destitute [seaman](/usc/46/10101.md?p=3) when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A [master](/usc/46/10101.md?p=1) is not required to carry a destitute [seaman](/usc/46/10101.md?p=3) if the [seaman](/usc/46/10101.md?p=3)’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the [seaman](/usc/46/10101.md?p=3) has a contagious disease.
- (c) Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the [master](/usc/46/10101.md?p=1) and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less.
- (d) When a [master](/usc/46/10101.md?p=1) of a vessel of the United States takes on board a destitute [seaman](/usc/46/10101.md?p=3) unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the [master](/usc/46/10101.md?p=1) or [owner](/usc/46/10101.md?p=2) of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.

## Source credit

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.)

## Notes

| Historical and Revision Notes |  |
| --- | --- |
| Revised section | Source section (U.S. Code) |
| 11104(a) | 46:678 |
| 11104(b)–(d) | 46:679 |

Section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government.